TENANT NUISANCES

Single Incident Not Sufficient to Show Course of Objectionable Conduct

April 25, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord's termination notice stated that landlord left a pot burning on her stove on Aug. 29, 2017, causing a smoke condition that was dangerous and...

Notice to Cure Didn't State What Lease Provisions Were Violated

April 25, 2018    

Landlord sued to evict tenant for creating a public nuisance. Landlord claimed that tenant smoked cigarettes inside his apartment and permitted secondhand smoke to enter into neighboring apartments. Landlord claimed...

Landlord Can't Prove Tenant or Her Son Sold Drugs from Apartment

February 14, 2018    

Landlord sued to evict tenant for using her apartment to facilitate drug trade and for creating a nuisance. The court ruled against landlord after a trial. Landlord appealed and lost. There was no claim or proof...

Tenant Can't Cure Nuisance Condition

January 16, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by repeatedly filing complaints against landlord relating to conditions in her apartment, resulting in the placement of violations, and then...

Landlord Entitled to Hearing on Whether Tenant Continued Objectionable Conduct

January 16, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court. Tenant agreed to refrain from harassing and threatening other tenants in the building during a...

Landlord Claims Tenant Gutted and Demolished Bathroom

January 16, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance and violating Rent Stabilization Code Section 2524.3(b) by making unauthorized alterations that damaged the apartment. The court ruled for...

Tenant Can Conduct Pretrial Questioning in Nuisance Case

November 22, 2017    

Landlord sued to evict Section 8 tenant for creating a nuisance. Landlord claimed that tenant held frequent, loud parties where people engaged in antisocial, destructive, and illegal conduct in the building hallways...

Landlord Can Evict Tenant for Objectionable Conduct

November 20, 2017    

Landlord sued to evict tenant for committing a nuisance. The court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that tenant engaged over a period of years in a pattern of objectionable...

Tenant Not Responsible for Damage to Elevator Doors Caused by Nonresident Son

October 28, 2017    

Landlord sued rent-stabilized, Section 8 tenant for damages, claiming that tenant owed $5,000 because her son damaged the elevator doors in the lobby. Tenant's son had previously lived with her but had moved out...

Tenant's Smoking Didn't Create a Nuisance

September 24, 2017    

Landlord sued to evict rent-controlled tenant for creating a nuisance. After a trial, the jury ruled for landlord, but the court granted tenant's request to set aside the jury verdict and dismiss the case....

No Notice to Cure Required for Tenant Who Assaulted Landlord

September 24, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance after sending tenant a 10-day termination notice. Landlord claimed that tenant constantly yelled and screamed profanities at a building...

Landlord Presented Insufficient Proof of Recurring Objectionable Conduct by Tenant

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant complained to HPD about building conditions without giving landlord any advance notice of any complaints. Landlord...

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